English is the original drafting language of these Rules. In the event of any discrepancy or inconsistency between the English version and the Rules in any other language, the English version will prevail.
Table of Contents
Section I. General Rules
Section II. Commencement of the Arbitration
Section III. Arbitrators and the Arbitral Tribunal
Article 6 Number of Arbitrators
Article 7 Appointment of a Sole Arbitrator
Article 8 Appointment of Arbitral Tribunal
Article 9 Consultation on Arbitrators with Appointment Advisory Board
Article 10 Confirmation of Arbitrators
Article 11 Independence, Nationality and Challenge and Removal of Arbitrators
Article 12 Replacement of an Arbitrator
Article 13 Consequences of the Replacement of an Arbitrator
Section IV. Arbitral Proceedings
Article 14 General Provisions
Article 15 Seat of the Arbitration
Article 16 Language
Article 17 Statement of Claim
Article 18 Statement of Defence
Article 19 Amendments to the Claim or Defence
Article 20 Jurisdiction of the Arbitral Tribunal
Article 21 Further Written Statements
Article 22 Periods of Time
Article 23 Evidence and Hearings
Article 24 Interim Measures of Protection
Article 25 Tribunal-Appointed Experts
Article 26 Default
Article 27 Closure of Proceedings
Article 28 Waiver of Rules
Section V. The Award
Article 29 Decisions
Article 30 Form and Effect of the Award
Article 31 Applicable Law, Amiable Compositeur
Article 32 Settlement or Other Grounds for Termination
Article 33 Interpretation of the Award
Article 34 Correction of the Award
Article 35 Additional Award
Article 36 Fees and Costs
Article 37 Deposits for Costs
Section VI. Other Provisions
Schedule of Fees and Costs of Arbitration
The HKIAC's Administrative Fee
The Arbitrators' Fees
Computation of Fees
Interest Earned on Deposits Made by the Parties
Parties Jointly and Severally Liable
Lien on Award
These Rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC) for use by parties who seek the formality and convenience of an administered arbitration.
These Rules may be adopted in an arbitration agreement or by an agreement in writing at any time before or after a dispute has arisen. These Rules may be adopted for use in both domestic and international arbitral proceedings. Provisions regarding the scope of application of these Rules are set out in Article 1.
These Rules have been adopted to take effect from 1 September 2008, in accordance with the provisions of Article 1 of the Rules.
1. The following model clause may be adopted by the parties to a contract who wish to have any future disputes referred to arbitration in accordance with these Rules:
"Any dispute, controversy or claim arising out of or relating to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules.
# The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in .... (insert language)."
2. Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the Rules, may agree to do so in the following terms:
"We, the undersigned, agree to refer to arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules all disputes or differences arising out of or in connection with:
(Brief description of contract under which disputes or differences have arisen or may arise.)
# The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ... (insert language).